Bus Law Definitions 2

Alternative dispute resolution (ADR)

methods for resolving legal disputes apart from use of the legal system

Answer

a defendant’s legal pleading (response) to a complaint

Binding arbitration

an arbitration case whereby the decision of the arbitrator is final

Burden of proof

the assignment of responsibility for proving the facts of a case in a trial

Class action suit

suit filed by a group of plaintiffs who have a similar cause of action against one defendant

Closing arguments

the statements by attorneys at the end of a trial

Counterclaim

a response in a lawsuit in which the defendant countersues the plaintiff

Cross examination

the defense’s questioning of plaintiff witnesses

Default

a failure to respond in a legal proceeding; the plaintiff is granted judgment because the defendant failed to show up

Depositions

sworn testimony given outside the courtroom as part of the pre-trial discovery process

Direct examination

process of questioning the witnesses under oath

Directed verdict

a verdict declared by the judge, when one of the parties to the case does not offer sufficient proof to support their claim

Discovery

a fact-finding pre-trial procedure in which the parties obtain evidence from each other

Hung jury

a situation in which jurors are deadlocked, unable to reach a verdict

Injunction

judicial order that prohibits certain conduct or orders certain acts

Instructions

guidelines developed by a trial judge to inform the jurors what the law is and how they should apply the law to the facts presented

Interrogatories

a set of questions presented by a litigator and answered by an adversary to clarify certain facts of a case

Mediation

a process in which both parties to a dispute meet with an impartial third party for assistance in trying to resolve the conflict

Motion for summary judgment

a motion to request a judgment without a trial if the undisputed facts and applicable law clearly favor one party

Motion to dismiss

a defendant’s formal request to a court to dismiss a case

Motion

a written or spoken request made to a court to issue an order, ruling, or judgment

Opening statement

an initial speech made by each side in a trial, summarizing the main points of the case they will make for the jury

Unsigned opinion

a Supreme Court case opinion not authored by or attributed to a specific judge that is most used in summary decisions without full argument and briefing

Peremptory challenge

the limited right of an attorney to object to a proposed juror, without a need to give a reason

Pleadings

formal statements that are the parties’ positions in a case

Prima facie case

a legal claim has adequate evidence to support a complaint or a claim to proceed to trial or judgment

Request for production

a legal request to a court by one party to order the other party to produce documents and other information specified in the request

Specific performance

an order from the court requiring a defendant to complete the actions required by the terms stated in a contract

Standing

the right or capacity of a party to bring a lawsuit in court..

Statutes of limitations

a law that limits the amount of time after an event that legal proceedings can be initiated against a defendant

Summons

a legal order requiring a person to appear before a judge or magistrate

Verdict

a decision made by a jury after careful consideration of the facts of a case

Administrative law judge (ALJ)

an independent and impartial official who presides over hearings and makes decisions on administrative disputes

Administrative Procedures Act (APA)

governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations,

Arbitrary and capricious

term used to describe agency action that ignores study findings and/or fails to follow APA procedural requirements

Code of Federal Regulations

a United States publication that contains all the regulations of all the federal agencies

Complaint

the first legal document filed in a lawsuit that requests damages or other relief from the defendant

Consent decree

a settlement agreement that resolves a dispute without either party admitting guilt or liability

DOGE

Department of Government Efficiency. An initiative within the second Trump administration that aimed to reduce the size, cost, and bureaucracy of the federal government.

Exhausting administrative remedies

a rule that requires a person to seek all remedies available through an administrative agency before filing a lawsuit in court

Federal Register

a publication that provides a daily update on changes in the regulations and notices of hearings and rulemaking

FOIA request

a written request for access to records from a federal or state agency

Formal rulemaking

a process that administrative agencies must follow to create, amend, or repeal administrative regulations that require public hearings on the record

Informal rulemaking

the creation or modification of administrative rules without public hearings

Injunction

judicial orders that prohibit certain conduct or order certain acts

Loper doctrine

courts must exercise their independent judgment when interpreting federal statutes, rather than deferring to agencies on ambiguous points.

Major Questions Doctrine

The government must show “clear Congressional authorization” when decisions of great “economic and political significance” are involved in regard to review of administrative agency regulations.

Nolo contendere

a plea whereby the defendant accepts conviction but does not admit guilt

Regulation by deal

where the government uses bilateral, confidential negotiations with private firms, rather than traditional public rulemaking, to achieve regulatory or policy goals

Substantial evidence test

a test that requires clear and convincing evidence

Unitary Executive Theory

a theory according to which the president of the United States has sole authority over the executive branch. This is the philosophical approach of President Trump